Meghan Markle is staring down the business end of a ‘multi-billion dollar problem’ as she faces fresh legal turmoil

Meghan Markle is once again in hot water over her American Riviera Orchard (ARO). Her brand is in jeopardy over something as simple as a name. The Duchess is in a legal battle with premium food brand Royal Riviera.

Meghan’s troubles began when she filed to trademark “American Riviera Orchard.” A fitting name for her lifestyle brand, right? Well, that name may not be so original. A century-old brand, the Harry & David company, thinks that “American Riviera Orchard” sounds a lot like its “Royal Riviera” line. Harry & David lodged a formal protest with the United States Patent and Trademark Office (USPTO) to protect its long-standing trademark.

Royal Riviera is best known for its famous pears and other gourmet items. It has built a reputation for quality and premium service since 1910. So, its owners don’t intend to let their brand’s legacy go unchallenged. Meghan announced the launch of ARO back in March. She planned to sell items like homemade jam, dog biscuits, nut butters, and other luxury home goods. Items that Royal Riviera is known for. It’s not surprising that Harry & David took notice of Meghan’s brand. It’s not because they don’t like the Duchess; it’s because ARO is their competitor. A competitor with a brand name that sounds awfully lot like “Royal Riviera.”

According to USPTO documents, the case has now moved into an official examination. The agency attorney Marco Wright is tasked with deciding if Markle’s brand could lead to consumer confusion. The USPTO explained that Harry & David’s protest, along with other evidence, is “relevant…for refusal and/or requirement(s)” due to a likely overlap in brand recognition. If the USPTO sides with Royal Riviera, Meghan may face costly rebranding.

This isn’t Meghan’s first run-in with trademark complications. The USPTO has previously flagged “American Riviera” as “too vague.” Meghan also had trouble securing rights to her blog, The Tig. Last year, her team tried to secure the rights after missing submission deadlines. All of this didn’t put a stop to Meghan’s ambitions, but Harry & David may be the end of ARO. Harry & David’s annual sales are estimated at two billion dollars. Let’s just say that the company has some experience with legal battles like this.

Earlier this month, we defended the Duchess from royal commentator Richard Eden’s attacks. Eden accused Meghan of rushing her ARO reveal to stop him from releasing a story he was set to publish on the brand. In Eden’s words, ARO’s launch was a rushed attempt to control the narrative. Eden may have been right. Eight months after the announcement, Meghan still hasn’t released any products. However, Meghan didn’t really make a bad business decision in this; she made a bad PR move. We thought that Meghan still may have a chance at a successful business if she released some of the promised products.

We can’t defend Meghan anymore, however. The problem she is facing with the trademark isn’t bad luck; it’s a bad business move. The Duchess surely has enough resources to do research on competitors. And she must have come up on the Royal Riviera line. All of this was predictable. Did she really think that a company like Harry & David would let things just happen? We have to agree with the former editor of Vanity Fair, Tina Brown: Meghan has “the worst judgment of anyone in the entire world.”